Resolution 1995-146
138 1
RESOLUTION 95- 146
RELATING TO PETITION NO. CU-93-21 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all Counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes comprehensive
zoning regulations for the zoning of particular divisions of the
County, among which is the granting and extending the time period of
Conditional Uses; and
WHEREAS, on March 8, 1994, the Board of Zoning Appeals enacted
Resolution No. 94-155, which granted a conditional use pursuant to
Ordinance No. 91-102, for a child care center, on the below described
property; and
WHEREAS, Subsection 2.7.4.5 of the Land Development Code provides
that the Board of Zoning Appeals may extend the one (1) year time
period for a conditional use which has not been commenced;
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
The written request of John T. Geshay of Dyehouse & Geshay, Inc.,
representing Immokalee Child Care Center for the first of three (3)
permitted one (1) year extensions, in interest of the following
described property:
See attached legal description
Exhibit "An
is hereby approved pursuant to Subsection 2.7.4.5 of the L~nd
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 94-155, attached hereto and incorporated herein as
Exhibit "BII, and all conditions applicable thereto are extended hereby
for one year until March 8, 1996.
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138 1
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
Commissioner
Constantinp-
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
M<'l~IKip
, and upon roll call, the vote was:
AYES: Commissioner Constantine, Commissioner Mac'Kie, Commissioner Nocris,
Commissioner Hancock, and Commissioner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this 21
day of
Febcuarv
, 1995.
If::'
ATTE;ST:' .
DWIGHT E. BROCK',CLERK
,
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AP- OVED AS TO FORM AND LEGAL
SUFFICIENCY:
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Th()~~, l,!n,
HARJO E M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-21 EXTENSION RESOLUTION/13449
. .." ,
138 1
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DESCRIPTION OF LANDS:
The Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4
of Section 4, Township 47 South, Range 29 East, and
beginning at the Southwest corner of the Northeast 1/4
of the Southeast 1/4 of Section 4, Township 47 South,
Range 29 East; thence East 198 feet; thence North
634.5 feet, more or less to Avenue B, Carson's Subdivision,
thence West along Avenue B, 19B feet; thence SQuth 364.5
feet, more less to the beginning, Collier County, Florida.
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EXHIBIT "A"
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RESOLUTION 94-Jj9
13 B
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF
CHILD CARE CENTER CONDITIONAL USE IN THE "VR"
ZONING DISTRICT PURSUANT TO SECTION 2.2.9.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for
the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the
duly appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability
of Conditional Use "2" of Section 2.2.9.3 in an "VR" zone for a
child care center on the property hereinafter described, and has
found as a matter of fact (Exhibit "A") that satisfactory provision
and arrangement has been made concerning all applicable matters
required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Development Code for the Collier County
Planning Commission; and
WHEREAS, all interested parties have been given opportunity to
be heard by this Board in a public meeting assembled and the Board
having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS
of Collier County, Florida that:
1.
"
13 B 1
The petition filed by Geoffrey G. Purse of Purse Associates,
Inc. representing B & B Properties, Inc. with respect to the
property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "2" of
Section 2.2.9.3 of the flVR" zoning district for a child care center
in accordance with the Conceptual Master Plan (Exhibit "e") and
subject to the following conditions:
Exhibit "DII which is attached hereto and incorporated by
reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
Commissioner Matthews
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Norris and upon roll call, the vote was:
AYES: Commissioner Matthews, Commissioner Norris, Commissioner Volpe,
Commissioner Saunders and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
8th
day of
Ma rch
I 1994.
ATTEST:
DWIGHT E.
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y/
BROCK",
BY:
CHAIRMAN
CLERK
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APPROVED AS TO"'FORM AND
LEdAL SPFFICIENCY:
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1'Y1.1~~', &.n .IJ:t<.u.U<u:
HARJO IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-93-21 RESOLUTION
'.
:
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-93-21
The following facts are found:
1. Section 2.2.9.3 of the Land
Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with the Land Development Code and
Growth Management ~:
Yes _ No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress ~ egress
Yes ~ No_
c. Affects neighboring properties in relation to
noise, gla~, economic or odor effects:
~No affect or Affect mitigated by
----- Affect cannot be mitigated
D. compatibility with adjacent properties and
other property in the district:
Compatible ~thin district
Yes No
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138 1
Based on the above findings, this conditional Use should,
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recommended for approval
DATE: 2/17/04- CHAIRMAN:' tZtft. .
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FINDING OF FACT CHAIRMAN/md
EXHIBIT trAil
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DESCRIPTION OF LANDS:
The Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4
of Section 4, Township 47 South, Range 29 East, and
beginning at the Southwest corner of the Northeast 1/4
of the Southeast 1/4 of Section 4, Township 47 South,
Range 29 East; thence East 198 feet; thence North
634.5 feet, more or less to Avenue B, Carson's Subdivision,
thence West along Avenue B, 198 feet; thence South 364.5
feet, more less to the beginning, Collier County, Florida.
EXHIBIT 11811
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Exhibit liCit
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AGREEMENT
I, Geoffrey G. Purse, as owner or authorized agent for
Petition CU-93-21, agree to the following stipulations
requested by the Collier County Planning Commission in their
public hearing on February 17, 1994.
PLANNING:
a. The Current Planning Manager may approve minor changes in
the location, siting, or height of buildings, structures,
and improvements authorized by the conditional use.
Expansion of the uses identified and approved within this
conditional use application, or major changes to the site
plan submitted as part of this application, shall require
the submittal of a new conditional Use application, and
shall comply with all applicable County ordinances in
effect at the time of submittal, including Division 3.3,
Site Development Plan Review and approval, of the Collier
County Land Development Code (Ordinance No. 91-102).
b. A minimum ten feet (10') wide landscape buffer shall be
installed along the entire perimeter of the proposed play
area (except when it abutts the child care building). Said
buffer shall include a hedge at least twenty-four (24)
inches at time of planting and trees spaced no more than
thirty (30) feet on center. All plant materials should be
native species as defined in the Land Development Code. A
revised landscape plan shall be submitted along with an
SOP amendment reflecting this requirement.
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STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Sheet was acknowledged before
day of ..::i.t..I~ \(~'_'-"~ ' 1994 by If<''' ~.\'('{'.~ <-I ?:,~_
personally known 0 me or who has produce
as identification.
me this '7..l.:r,
, who is
(1 / / "\\ _ .J.....'
\.. ell, \ ,ro.,; k ~/I\[L \. '-L r---:
(Signature of'Notary Public)
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NOTARY PUBLIC
Commission # eJ....~_ (';'t'.'7GdCj
My Commission Expires: '
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EXHIBIT "0"
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REPRESENTATIVE FOR CC
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Sheet was acknowledged before
day of~\lAlt~, 1994 by Mirh;lpl a ~u;~
personally known tb me or "J.v Ira, prnnnceel
as identification.
/ 7 1-.1
me this _ IJ\
, who is
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C:____G
(Signature of Notary
c!..e,.~',L(.t., ~. M~Y'+'i h
NOTARY PUBLIC
Commission # Q. L-O"h!},f...-:J, 9
My Commission Expire :
mh/10697